Search for: "Moree v. Wells Fargo Bank, N.A." Results 1 - 20 of 130
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5 Jan 2022, 3:40 am by Andrew Lavoott Bluestone
The fact that plaintiff alleged that she did not discover the breach until she made a claim under the policy in May 2011 does not compel a different outcome inasmuch as “the breach of contract cause[] of action accrued at the time of the breach, not on the date of discovery of the breach” (Yarbro v Wells Fargo Bank, N.A., 140 AD3d 668, 668 [1st Dept 2016]; see Deutsche Bank Natl. [read post]
18 Feb 2020, 4:46 am by Andrew Lavoott Bluestone
Similarly, we agree with the Supreme Court’s determination to grant that branch of the motion of the BNYM defendants which was pursuant to CPLR 3211(a)(7) to dismiss the second cause of action against BNYM as trustee (see Wood v Villanueva, 175 AD3d 1465; Zuniga v BAC Home Loans Servicing, L.P., 147 AD3d 882; Acocella v Wells Fargo Bank, N.A., 139 AD3d 647, 649; Jahan v U.S.Bank N.A., 127 AD3d 926,… [read post]
2 May 2019, 12:31 pm by MOTP
Wells Fargo, have also followed the pack, and now plead an account-stated claim in addition to their cause of action for breach of contract. [read post]
22 Apr 2019, 9:48 am by MOTP
"[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged—but it has not `show[n]'—`that the pleader is entitled to relief.'" Iqbal, 556 U.S. at 679 (quoting Rule 8(a)(2)). [read post]